Report: FCC Faces Uphill Battle On Local Internet Fight

The Federal Communications Commission is on shaky legal ground if it wants to overturn state laws as it tries to increase competition among Internet providers, according to a top Republican aide at the agency.

The Hill reports Matthew Berry, chief of staff to Republican FCC Commissioner Ajit Pai, predicted an uphill battle for the agency as it intervenes in states where laws prevent local governments from starting their own Internet networks during an address in Minneapolis on Wednesday.

Matthew Berry

"When elected representatives at the national level are telling the Commission not to interfere with decisions made by elected representatives at the state level, unelected officials should pay attention," he said.

Overturning state laws would "provoke a court battle with state officials who should be our partners rather than our adversaries" and "bring [the FCC] into conflict with Congress," he continued.

Earlier this year, FCC Chairman Tom Wheeler pledged to promote competition among Internet providers by working with local governments to preempt state laws that keep local governments from creating municipal broadband projects.

While Democrats on Capitol Hill have applauded Wheeler, Republicans have said he is overstepping the agency's bounds.

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